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DEPT. OF REVENUE v. IMPERIAL BUILDERS & SUPPLY, INC.

No. 87-190.

519 So.2d 1030 (1988)

DEPARTMENT OF REVENUE, Appellant, v. IMPERIAL BUILDERS & SUPPLY, INC. Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied February 17, 1988.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Linda Lettera, Asst. Atty. Gen., Tallahassee, for appellant.

Charles Evans Davis of Fishback, Davis, Dominick & Bennett, Orlando, for appellee.

UPCHURCH, Chief Judge.

The Department of Revenue, State of Florida, appeals a judgment in favor of Imperial Builders & Supply, Inc. invalidating a tax assessment. Appellee sells greenhouse materials at retail and also constructs greenhouses. It instituted suit pursuant to section 72.011, Florida Statutes, challenging the legality of a sales and use tax assessment made by the department.

The assessments challenged by appellee related to greenhouses and...

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